Me and my fiance are hoping to buy a 3 bedroom flat in Southampton with a mortgage. We wish to retain our Southampton conveyancer, however the bank says he's not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Southampton conveyancing practitioner and pay for one of their panel lawyers to represent them. We regard this is unjust; can we not insist that the mortgage company use our Southampton conveyancer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Southampton conveyancing solicitor to apply to be on the conveyancing panel.
My bank has recommended solicitors on their panel based in Southampton but I would rather use a conveyancing lawyer in Southampton round the corner to me. Are you able to assist?
Far from all Southampton conveyancing solicitors are approved and listed on all banks conveyancing panel. Use the above find an approved solicitor tool to identify a Southampton conveyancing firm on the on the mortgage company panel.
This question may be naive but I am unexperienced as a first time buyer of a ground floor flat in Southampton. Do I receive the keys to the property on completion from my conveyancer? If this is the case, I will instruct a local conveyancing solicitor in Southampton?
On the day of completion you do not need to go to the conveyancers office in Southampton. Your solicitors will electronically transfer the completion advance to the vendor’s conveyancers, and once they have received this, you will be able to receive the keys from the selling Agents and start moving into the property. This tends to happen early afternoon.
When it comes to lenders such as TSB, do Southampton conveyancers face a fee to be on the list of approved solicitors?
We are unaware of any mortgage company fees to register on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel application.
I am currently in the process of buying my council flat in Southampton. I have a mortgage agreed with HSBC. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with HSBC, you will need to appoint a solicitor on the HSBC conveyancing panel.
Just had an offer accepted on a new build flat in Southampton. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Southampton
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are architect prepared. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
Taking into account that I will soon spend hundreds of thousands of pounds on a terraced house in Southampton I wish to talk to a conveyancer regarding thetransaction in advance of giving the go ahead to the firm. Can this be arranged?
This is something that we encourage - we would be pleased to talk to you we do not take any clients on without you first talking to the solicitor due to be conducting your property ownership legalities in Southampton.There is no ‘factory style conveyancing’ - every client is unique person, not a matter reference. The practices that we put you in touch with believe that the fees you are calculated and presented to you for residential conveyancing in Southampton should be the amount on the final invoice that you are charged.
My cousin has urged me to instruct his conveyancers in Southampton. Do I take his recommendation?
No doubt it’s preferable to find a conveyancing practitioner is to get feedback from friends or relatives who have previously instructed the firm that you are contemplating using.